This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes:
- Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012
- Verifying that the data is provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012
- Ensuring the appropriate relationship (e.g., continuation, divisional, or continuation-in-part) between nonprovisional applications is included
The MPEP states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.” (MPEP 202)